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Extension of tax compliance deadlines urged as necessary relief, calling for broader time and interest concessions for affected taxpayers.
COVID-19 is a force measure warranting temporal adjustments to tax compliance; announced measures chiefly extend filing and linkage deadlines, provide broad one-time extensions for notices, filings and investment windows, and offer an interest and penalty concession for delayed payments in the affected period. The author contends these are necessary relaxations rather than substantive relief, urges uniform application to belated and revised returns and other processes, criticizes the adequacy of the reduced interest provision, and calls for clearer legislative and circular instruments to implement the extensions. (AI Summary)
Date 26 Mar 2020
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GST filing deadlines adjusted with limited interest relief for large taxpayers followed by increased interest after initial period.
For larger taxpayers there is no extension of statutory GSTR-3B due dates but a concessionary interest regime applies: no interest for the initial fifteen-day delay, followed by a reduced interest rate until a specified date, after which standard higher interest with late fee and penalty will apply. Smaller taxpayers may file certain monthly returns without interest, late fee or penalty until the last week of June, and composition scheme opt-in, payment and filing deadlines for composition dealers are similarly extended; formal circulars and legislative amendments will effect these measures. (AI Summary)
Date 26 Mar 2020
Replies 3 Replies
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Compliance deadline extensions ease statutory filing, interest and penalty obligations, and streamline corporate and customs compliance.
Statutory and regulatory compliance timelines across income tax, indirect tax, customs and corporate law are extended to a uniform revised cutoff, with reduced interest rates and waivers of late fees and penalties in specified cases. GST relief differentiates small and large taxpayers, allowing deferred GSTR 3B filing with interest concessions for larger taxpayers and full waivers for smaller ones; composition scheme and related GST filings are similarly deferred. MCA filings attract waiver of additional fees, board meeting periodicity is extended, auditor reporting applicability is postponed, insolvency default threshold is raised, and select banking fees are temporarily relaxed. (AI Summary)
Date 26 Mar 2020
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Registration requirement for resolution professionals mandates fresh GST registration and special return and input tax credit rules during insolvency.
The practitioner who assumes control of a corporate debtor is treated as a distinct person for GST and must obtain fresh registration in each State/UT where the debtor was registered, file an initial return from the date the practitioner became liable until registration is granted, and may claim input tax credit in the first return for invoices received since appointment but bearing the erstwhile GSTIN, subject to Chapter V conditions and specified exclusions. (AI Summary)
Date 26 Mar 2020
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Profiteering on GST rate reduction: order for commensurate price reduction and deposit provisionally stayed by court.
The NAA, relying on DGAP investigation reports, found the supplier denied GST rate reduction benefits, quantified profiteering, ordered commensurate price reduction, directed deposit of the net profiteered amount into Consumer Welfare Funds after crediting amounts already set aside, imposed interest from dates realised, and noted potential penalty liability; Commissioners were directed to monitor compliance under DGAP supervision. (AI Summary)
Date 26 Mar 2020
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Statutory compliance extensions: call to treat pandemic filing relaxations as necessary time extensions requiring broader, clearer GST and Customs waivers.
The article argues that pandemic-driven procedural extensions for GST and Customs compliances should be treated as necessary time accommodations rather than discretionary relief, criticising the press release's uniform short-term cutoff as ambiguous and inadequate; it urges clearer, longer extensions, explicit waivers of interest and penalties, staggered compliance windows for scheme elections and returns, and prompt legislative or circular measures to implement practicable administrative adjustments for both GST and Customs. (AI Summary)
Date 25 Mar 2020
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Transfer of business on death: successor must register, may receive transferred ITC and face joint liability under GST.
Where a sole proprietor dies and the business continues as a going concern, the successor must obtain fresh GST registration from the date of transfer, may receive unutilised input tax credit by filing FORM GST ITC-02 with a CA/Cost Accountant certificate under Rule 41, and the transferor and transferee remain jointly and severally liable for tax, interest or penalty; cancellation for transfer or closure is processed via FORM GST REG-16/REG-19 with inventory tax consequences governed by section 29 and final return compliance in FORM GSTR-10. (AI Summary)
Date 25 Mar 2020
Replies 2 Replies
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GST return filing deadlines revised with Aadhaar authentication, export realization requirement and refund recovery conditions adjusted.
Revises GST compliance timelines and procedures: staggered due dates for FORM GSTR 3B and FORM GSTR 1 for April-September 2020 by turnover and location; extensions and special cut offs for Jammu & Kashmir related filings; Aadhaar authentication mandated for existing authorised signatories and for new individual registrations with physical verification where required; exporters who received refunds must realize export proceeds within FEMA time limits or face recovery with interest; amendments include a clarified definition of turnover for zero rated supplies and a process to re credit wrongly paid tax to the electronic credit ledger. (AI Summary)
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Date 25 Mar 2020
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IBC overriding effect prevents statutory attachments and permits the interim resolution professional to assume control and continue the insolvency process.
Section 238 gives the Insolvency and Bankruptcy Code overriding effect and section 14's moratorium bars suits, execution and asset alienation once CIRP is admitted; consequently, provisional attachments by GST authorities that impede the IRP's statutory duty to take custody and control of the debtor's assets and disrupt the time-bound resolution process must be released to enable the IRP to manage the corporate insolvency resolution process. (AI Summary)
Date 24 Mar 2020
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Open Market Operations used to inject liquidity and stabilise markets through targeted purchases of government securities.
The note explains OMOs as the RBI's tool to manage rupee liquidity by buying and selling Government Securities via auctions on the E Kuber platform, with the Public Debt Office as registry and mandatory dematerialized SGL holdings for regulated entities. In response to Covid 19 liquidity stress the RBI conducted multi security purchase OMOs through multiple price auctions and supplemented them with dollar rupee swaps and Long Term Repo Operations to ensure market liquidity and stability. (AI Summary)
Author
Date 23 Mar 2020
Replies 1 Reply
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Budget rituals and prasads suggested as cultural measures to ease taxpayer-revenue tensions and reduce tax litigation.
The commentary links the halwa budget prasadam to a ritualized appeal for favorable outcomes in disputes between taxpayers and revenue, and proposes exploring alternative prasads (laddoo, kesar-pista rice, kheer) as symbolic mechanisms to promote mutual restraint, reduce tax litigation, and encourage more conciliatory conduct by tax authorities. (AI Summary)
Date 23 Mar 2020
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E-way bill validity: extensions and corrections prevent punitive detention for bona fide transit errors when records corroborate movement.
E-way bill rules permit extension and correction to accommodate bona fide transit disruptions; minor typographical errors in vehicle numbers, document numbers, pin codes, or distance entries that do not alter the substantive identification of the consignment should not trigger detention and seizure proceedings. Timely updating of Part B on vehicle change and provision of supporting documents corroborating movement mitigate penal consequences. Enforcement under the transit regime must allow reasonable opportunity to update or extend E-way bills, and mechanical imposition of tax and penalties contrary to circular guidance and corrected electronic records is inappropriate. (AI Summary)
Date 21 Mar 2020
Replies 1 Reply
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Input tax credit restrictions tied to Aadhaar verification to prevent bogus registrations and clarify credit transfer mechanics.
The Council endorsed Aadhaar authentication and physical verification for new registrations and limited passage of input tax credit until verification to prevent bogus registrations and fake invoicing; it directed amendments to apportionment and transfer rules for reversal of ITC on capital goods and for business reorganisations to clarify credit transfer mechanics and address practical issues such as inward supplies in transit. (AI Summary)
Author
Date 21 Mar 2020
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GST rate changes and compliance reforms: increased mobile phone levy, reduced MRO tax, IT fixes and filing relaxations.
The Council recommended rate adjustments (mobile phones to 18%, matches rationalised, MRO services reduced to 5% with full ITC and B2B place-of-supply to recipient), an IT roadmap linking GSTR-1 to GSTR-3B and GSTR-3B to GSTR-2A with Aadhaar authentication and capacity augmentation, and multiple procedural relaxations and deferments including extensions of return filings, deferment of e-invoicing/QR and e-wallet schemes, restrictions on ITC for new registrations pending verification, issuance of circulars, and rule amendments on ITC reversal and refunds. (AI Summary)
Date 20 Mar 2020
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Interest on net tax liability - proposed clarification limits interest to tax payable after input credit, affecting notices and refunds.
The article addresses whether GST interest on delayed remittance is payable on the gross tax liability or only on the net tax liability after adjusting Input Tax Credit, noting administrative demands on gross tax, taxpayer challenges, and uncertainty about whether a proposed amendment clarifying interest applies retrospectively. It recommends that recipients of notices invoke the amendment to seek withdrawal, pending litigants rely on it to obtain relief, and payers or those from whom revenue recovered amounts seek refunds once a refund mechanism is prescribed. (AI Summary)
Date 19 Mar 2020
Replies 3 Replies
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Interest on GST: charge calculated on net cash tax liability, with retrospective amendment and compliance reliefs for taxpayers.
Interest on delayed GST is to be charged on the net cash tax liability retrospectively, and filing deadlines for revocation of registration, annual returns and reconciliation statements are extended with selective late fee waivers and reconciliation exemptions for smaller taxpayers. Implementation of new returns and e invoicing is deferred and certain classes of taxpayers exempted; IT fixes, Aadhaar authentication and incremental rollout are prioritized. Suggested rate rationalizations and service tax reductions accompany administrative measures-insolvency period compliance procedures, refund bunching for exporters, Know Your Supplier, KYC/verification before credit flow, and extensions of import exemptions-to curb fraud and facilitate trade. (AI Summary)
Date 19 Mar 2020
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Interest on delayed GST payment on net liability recommended, plus deferment of new returns and e invoicing and ITC safeguards.
The 39th GST Council recommended retrospective computation of interest on delayed GST payments on the net liability paid in cash, deferred implementation of e invoicing and new GST returns, imposed restrictions on claiming input tax credit for new registrations pending physical verification and KYC, recalibrated rates to address inverted duties, extended reliefs for filing and revocation of registrations, continued IGST exemption on certain imports, and directed IT and administrative measures to stabilise the GST portal and reporting linkages. (AI Summary)
Date 18 Mar 2020
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Works contract classification for solar EPCs shapes GST treatment where integrated supply and installation create embedded plant.
An EPC contract that combines supply of solar modules and equipment with design, transport, installation, civil works and commissioning was characterised as a composite supply falling within the definition of a works contract because machinery embedded for prolonged use is treated as immovable property; accordingly the contractual package was classified under works-contract services for GST purposes. A differing view argues that structural components do not qualify as immovable property and that tax treatment should follow composite-supply and administrative bifurcation of material and labour. (AI Summary)
Date 18 Mar 2020
Replies 1 Reply
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GST compliance reforms: deferment of new return rollout and relief measures easing interest, refunds, registration and e invoicing.
Recommendations include charging interest on delayed GST only on net cash payment, a one time revocation window for cancelled registrations, extension and relaxation for annual return and reconciliation filings, deferral of the new return and e invoicing rollout with exemptions for certain classes, broadened refund filing across fiscal years with valuation ceilings and cash/credit sanctioning, safeguards against fraudulent input tax credit via verification and KYC, and operational Aadhaar authentication for new taxpayers. (AI Summary)
Date 17 Mar 2020
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GST returns and compliance relief: defer new return rollout, extend filing deadlines, ease annual return penalties, introduce ITC safeguards.
The Council's proposals defer rollout of the new return framework and maintain current returns while initiating phased data linkages between GSTR 1, GSTR 3B and GSTR 2A; extend and waive certain annual return and reconciliation filing obligations for smaller taxpayers; postpone e invoicing and QR code implementation with exemptions; restrict ITC passes for new registrations pending verification and set procedures for reversal and apportionment of credit; prescribe refund sanctioning procedures; introduce a Know Your Supplier facility; and propose retrospective charging of interest on net cash tax liability, subject to notification. (AI Summary)
Author
Date 17 Mar 2020
Replies 1 Reply